Punjab

Patiala

CC/21/26

Ajay Singh Rana - Complainant(s)

Versus

Apple India Pvt.Ltd - Opp.Party(s)

Sh.Mukesh Singla

19 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                     

Consumer Complaint No.	:	CC/26/2021
Date of Institution	:	29.1.2021
Date of Decision	:	19.4.2023

 

Ajay Singh Rana aged about 32 years S/o Sh. Megh Raj Rana, R/o # B/2-1110, Banwari, Rajpura Town, District Patiala (Pb.)Pin 140-401.

 

                                                                   …………...Complainant

                                      Versus

1. Apple India Pvt.Ltd., registered Office 19^th Floor, Concorde Tower C, UB City, No.24, Vittal Maliya Road, Banglore 560001, India.
2. Gaurav Duggal, Director of Apple India Pvt.Ltd., registered office 19^th Floor, Concorde Tower C, UB City, No.24, Vittal Maliya Road, Banglore 560001, India.
3. Peter Ronald Denwood, Director of Apple India Pvt.Ltd., registered office 19^th Floor, Concorde Tower C, UB City, No.24, Vittal Maliya Road, Banglore 560001, India.
4. Damon Lee Nakamura, Director of Apple India Pvt.Ltd., Registered office19^th Floor, Concorde Tower C, UB City, No.24, Vittal Maliya Road, Banglore 560001, India.
5. Unicorn Infosolutions Pvt. Ltd. SCO 315-316, Ground Floor Sector 35-B, Chandigarh (160022).
6. National Enterprises, SCO 1031 Sector-22B, Chandigarh

 

…………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi, Member        

PRESENT:                   Sh.Ajay Singh Rana, complainant in person.

                             Sh.Vikas Walia, counsel for OPs No.1to4.

                             None for OP No.5.

                             Complaint against OP No.6 is dismissed as withdrawn.                 

 ORDER                                          

1. The instant complaint is filed by Ajay Singh Rana  (hereinafter referred to as the complainant) against Apple India Pvt.Ltd., and others (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:
3. That complainant purchased a handset of Apple India Pvt.Ltd.,company for his personal use, having model No.IPHONE 11, 128GB, Colour white having IMEI No.353997101915999 and serial No.MWM22HN/A, from OPNo.6 vide invoice No.2574 dated 11.10.2019 for the total cost of Rs.69,900/-.
4. In the month of July,2020 there was a cracking sound (during calls) whenever iphone connected with apple airpods (2^nd generation). Complainant approached OP No.5, the authorized service centre of OP No.1, who also confirmed the problem in the said handset. OP No.5 just reset the handset but problem was still there.
5. On 30.7.2020, complainant went to OP No.5 and handed over the handset in question and apple airpods but it retained only airpods . On 12.8.2020 complainant received his airpods but problem was still there. Time and again OP No.5 retained airpods but problem could not be resolved. On 15.9.2020, OP No.5 changed complainant’s airpods but the  problem was still there. Complainant came to know that the problem was in his handset. On 19.9.2020 complainant submitted his handset with OP No.5.After 11 days i.e. on 29.9.2020 he received a phone call from OP No.5 for collection of his handset. When he collected his phone the problem was still there.He again submitted his iphone with OP No.5 on the same day.OP No.5 also suggested to launch complaint with Apple Support. Complainant called Apple Support and launched a complaint which is still not solved.Again on 6.10.2010 when complainant received his handset from OP No.5 problem was existed. OP No.5 showed its inability to solve the issue.
6. In the mean while complainant purchased additional service warranty worth Rs.4500/- on 7.10.2020 from OP No.1 through online .After two days complainant received a phone call from Apple Support of OP No.1 and insisted him to resubmit the handset to OP No.5. On 10.10.2020 complainant again visited OP No.5 and submitted his handset and airpods but again problem could not be resolved.There is thus, manufacturing defect in the handset as a result of which OP No.5 could not resolve the problem.There is thus not only deficiency in service but also unfair trade practice on the part of OPs.Consequently, prayer has thus, been made for acceptance of complaint.
7. Cognizance of the complaint was taken against OPs No.1,5 &6. Notice of  the complaint was given to them through registered post. Sh.Vikash Walia,adv. appeared on behalf of OPs No.1to4 and Sh.Mukesh Kumar, Service Manager, appeared on behalf of OP No.5, whereas notice of OP no.6 received back unserved with the report “No such addressee at this address”.Ld. counsel for complainant was directed to furnish correct address of OP No.6.Despite availing ample opportunities, he failed to do so and ultimately on 9.3.2022 he withdrew the complaint filed against OP No.6.As such complaint filed against OP No.6 was dismissed as withdrawn.
8. In the written statement filed by OPs No.1to4 certain preliminary objections have been raised. In parawise reply, it is admitted that OP No.5 is the authorized service centre of OP No.1. Purchase of aforesaid mobile handset by the complainant is also admitted by OP no.1. It is further admitted that complainant visited OP No.1 in July 2020 with her iPhone & Air Pods and that OP No.5 serviced the said iPhone and Airpods, which were working fine after service and complainant collected them back.
9. It is also admitted that on 30.7.2020 complainant again went to OP No.5 and handed over aforesaid handset and apple airpods but it retained only airpods and complainant received back the same  on 12.8.2020 acknowleding that device is working fine. It is also admitted to be correct that complainant approached OP No.5 on 28.8.2020 . OP No.5 updated the software  of iphone and handed  back to the complainant on 4.9.2020. Complainant again submitted the airpods to OP No.5 on the same day and received back the same on 15.9.2020 when the channels in the Air Pods were replaced,free of cost. It is also admitted to the extent that complainant again submitted Air Pods and  iphone with OP no.5 for some issues on 19.9.2020 and collected the same on 29.9.2020. On the same day he raised some issues and resubmitted the device with OP No.5 on the same day  and collected the same on 6.10.2020.
10. OPs further admitted that meanwhile complainant purchased additional service warranty worth Rs.4500/- on 7.10.2020 from OP No.1 through online Apple Support of Apple Company. It is averred that there is no manufacturing defect in the iphone or Air Pods,purchased by the complainant and also there is no deficiency in service or unfair trade practice  as alleged by the complainant. After denying all other averments, OPs No.1 to 4prayed for dismissal of complaint.
11. In the written statement filed by OP no.5, it also raised certain preliminary objections.It is admitted that time and again complainant submitted his iphone and Air Pods for service and complainant collected the same after service. It is averred that iphone and Airpods are working well in good condition and complainant has acknowledged the same. There is no manufacturing defect in the iphone or Air Pods, purchased by the complainant and also there is no deficiency in service or unfair trade practice  on the part of OP No.5. After denying all other averments, OPs No.1 to 4prayed for dismissal of complaint.
12. In evidence, complainant furnished his affidavit,Ex.CA, copy of invoice dated 11.10.2019,Ex.C1, copies of service delivery reports,Exs.C2 to C5, copy of apple case acknowledgment from apple support dated 30.9.2020,Ex.C6, copy of service delivery report dated 6.10.2020,Ex.C7, copy of tax invoice dated 7.10.2020,Ex.C8, copies of service delivery reports,Exs.C9 to C11 and closed evidence.
13. Ld. counsel for OPs No.1to4 has tendered in evidence Ex.OPA affidavit of Sandeep Karmakar, contract Manager, authorized signatory Apple India Pvt. Ltd.,Ex.OP1 copy of letter of authorization,Ex.OP2 copy of conditions of warranty and closed evidence.
14. On behalf of OP No.5, Sh.Mukesh Singh tendered his own affidavit, Ex.OPB and closed evidence.
15. We have heard the complainant, ld. counsel for contested OPs and have also gone through the record of the case, carefully.
16. Admittedly, complainant purchased Apple iphone11 on 11.10.2019 from OPs  for a consideration of Rs.69,900/- vide invoice,Ex.C1. In the month of July,2020, a problem arose in the said handset when the same was connected with Apple air pods, leading to crackling sound, at the time of making/receiving calls.Matter was reported to OP No.5, the authorized service centre of OP No.1. Job sheet dated 30 July, 2020, Ex.C2 was prepared wherein problems of intermittent disconnection and crackling sound were reported at the time of making/receiving calls with the usage of airpods. Air pods were reset and returned to the complainant on 12.8.2020 with the remarks that ‘the working of air pods was fine and there was no issue in the hardware’. The phone of the complainant was not checked as it was presumed by OPs that the problem was in airpods as the above issue  surfaced only when phone was used with air Pods
17. Complainant was not satisfied and reported the matter again to the OPs. Job sheet dated 28.8.2020,Ex.C3 was prepared by OP No.5, wherein again airpods of the complainant were checked by pairing the same with known good devices and it was remarked that  working of airpods was fine and there was no issue with the hardware. The airpods were returned to the complainant on 4.9.2020.Phone of the complainant was again not checked. The problem of crackling sound and intermittent disconnection persisted and immediately on the same day i.e. on 4.9.2020 complainant again reported the matter to OP no.5 and job sheet dated 4.9.2020,Ex.C4 was prepared. Both channels of airpods were found faulty and were replaced by the OPs and were handed over to the complainant on 15.9.2020.
18. As the problem still persisted, complainant reported the matter to the OPs. Job sheet dated 19.9.2020, Ex.C5 was prepared. The iphone of the complainant was sent to the Device Apple Centre where firmware issue in the device i.e. iphone was detected and firmware of device was updated by the OPs. The device i.e. iphone was handed over to the complainant on 29.9.2020. Immediately on receipt of the handset, it was observed by the complainant that the problems regarding crackling sound and intermittent disconnection was not resolved and handset was again handed over to OP No.5 immediately on the same day i.e. 29.9.2020 itself and job sheet, Ex.C7 was prepared.
19. At the suggestion of OP No.5, a complaint, Ex.C6 was then lodged with Apple Support Centre vide No.101196676543 but the issue was not resolved. The complainant was then asked to collect his handset on 6.10.2020, wherein it has been remarked that ‘ the iphone was reset using IOS’ However, the problem was not resolved. The handset was sent to the service centre twice. However, the Apple Repair Centre was unable to replicate the issue and the problem was not solved.
20. As the warranty of the handset was to expire on 10.10.2020, extended warranty was then taken by the complainant  as his issue was never resolved. The problem was again reported to the OPs on 31.10.2020 vide Ex.C10, wherein it was again remarked that Apple Repair Centre was unable to replicate the issue and problem was not solved.
21. From the above, it transpires that there was an issue of crackling sound and intermittent disconnection while using the Apple iphone with Apple Airpods. The job sheets prepared by the OPs, which have been brought on record by the complainant clearly indicate that OPs were unable to resolve the issue time and again. OPs have relied upon the warranty clause and have merely stated that the warranty is available as per the terms and conditions of the warranty. However, OPs have failed to point out any violation of the warranty clause by the complainant. Infact the problem in the usage of the handset with the airpods started within nine months from the date of purchase of the handset i.e. well within warranty period and as the issue was not resolved by the OPs, complainant was forced to take the extended warranty by incurring an amount of Rs.4500/- for the same.
22. In view of the above discussion, we are of the opinion that there was a problem of crackling sound and intermittent disconnection while using the Apple iphone with Apple airpods as has been recorded by the OPs themselves in the various job sheets. The complainant had to undergo mental agony and harassment as he was forced to visit the service centre of the OPs repeatedly and was forced to handover the Apple iphone and airpods to the service centre for checking. Moreover, complainant was unable to use the handset as the same remained in the possession of OPs for long duration. Therefore, we find the OPs deficient as the Apple iphone was not matching with the Apple airpods leading to the problem of crackling sound intermittent calls.
23. We, therefore, partly allow the complaint and direct OPs No.1&5 jointly and severally to refund the amount of Rs.69,900/- to the complainant alongwith interest @ 6% from the date of 30.7.2020, when the problem was detected within 30 days from the date of receipt of certified copy of this order, failing which they shall pay interest @9% on the said amount till realization. The OPs are further directed to refund the amount of Rs.4500/- deposited by the complainant on account of extended warranty of the handset in question as the handset was found to be defective well within warranty period. OPs No.1&5 are also burdened with costs of Rs.10,000/- to be paid to the complainant as compensation within the prescribed period.           The complainant will return the iphone in question to the OPs simultaneously.
24.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President